Free Maine Last Will and Testament
Build a complete Maine will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Maine's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Maine will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Maine notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Maine: In Maine, a valid witnessed will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator sign or acknowledge the will. No notary is required to make the will valid. To make it self-proving (so no witness testimony is needed in probate), the testator and both witnesses sign a self-proving affidavit before a notary or other officer authorized to administer oaths. Maine also recognizes holographic (handwritten) wills if the signature and material portions are in the testator's handwriting, and offers an optional statutory will form (§2-517).
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Maine, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. Maine law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Maine.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Maine.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (18-C M.R.S. §2-503) — sign this part before a notary to make probate easier:
STATE OF MAINE, COUNTY OF [COUNTY]. I, [TESTATOR NAME], the testator, sign my name to this instrument this ____ day of __________, 20__, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older (or a legally emancipated minor), of sound mind, and under no constraint or undue influence. ____________________ Testator. We, [WITNESS 1] and [WITNESS 2], the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's last will and that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older (or a legally emancipated minor), of sound mind, and under no constraint or undue influence. ____________________ Witness ____________________ Witness. Subscribed, sworn to and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to before me by [WITNESS 1] and [WITNESS 2], witnesses, this ____ day of __________, 20__. ____________________ (Signed) (Official capacity of officer).
How to Sign Your Will in Maine
In Maine, a valid witnessed will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator sign or acknowledge the will. No notary is required to make the will valid. To make it self-proving (so no witness testimony is needed in probate), the testator and both witnesses sign a self-proving affidavit before a notary or other officer authorized to administer oaths. Maine also recognizes holographic (handwritten) wills if the signature and material portions are in the testator's handwriting, and offers an optional statutory will form (§2-517).
Maine requires 2 witnesses: Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. 18-C M.R.S. §2-502(1). An interested witness does not invalidate the will or forfeit the gift (18-C M.R.S. §2-505).. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (18-C M.R.S. §2-503) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Maine is one of the few states with an official statutory will form in its code. This generator builds a standard attested will, which is more flexible than the fill-in statutory form.
Can You Use a Handwritten (Holographic) Will in Maine?
A will that does not meet the witnessed-will requirements is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. 18-C M.R.S. §2-502(2). (No date required.) Even so, a typed will signed in front of witnesses is far less likely to be challenged, because handwritten wills are easy to get wrong (unclear gifts, no date, no witnesses) and invite disputes.
Spousal and Family Protections in Maine
Can you disinherit your spouse? Cannot fully disinherit a spouse. Maine adopted the 2008 UPC redesign: the surviving spouse may elect a share equal to 50% of the MARITAL-PROPERTY PORTION of the augmented estate (the augmented estate includes probate + non-probate transfers; the marital-property portion is a sliding percentage based on length of marriage, approaching 100% at 15 years). Homestead allowance, exempt property, and family allowance are IN ADDITION to (not charged against) the elective share. Maine repealed dower/curtesy.
Children born after your will: UPC omitted-child rule (tit. 18-C sec. 2-302): a child born or adopted after the will is executed and not provided for takes an intestate-style share, unless (a) the omission appears intentional from the will, (b) the testator provided for the child outside the will intending it in lieu of a testamentary gift, or (c) the testator had other children and left substantially all the estate to the omitted child's other parent. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: UPC anti-lapse: if a devisee who is a grandparent, a descendant of a grandparent, or a stepchild of the testator predeceases (or is deemed to predecease), that devisee's surviving descendants take the gift by representation, unless the will provides otherwise. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: 120-hour (5-day) survival rule applies (UPC 2-104 / 2-702 as enacted in Title 18-C). A beneficiary who fails to survive the testator by 120 hours is treated as predeceasing. Generator should still add an express survivorship clause (commonly 30-60 days). The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: A penalty/no-contest clause is unenforceable if PROBABLE CAUSE exists for instituting the proceedings (standard UPC rule). Parallel provisions for wills (2-516) and for the broader probate context (3-905).
Digital assets: Maine has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Maine lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in Maine?
Maine adopted the Uniform Probate Code (Title 18-C). A surviving spouse takes everything if the couple had only children together or the decedent left no descendants or parents. The spouse's share shrinks to a first-dollar amount plus a fraction when a parent survives, or when either spouse has children from another relationship.
- Spouse, no children: The surviving spouse takes the entire intestate estate if no descendant or parent of the decedent survives (18-C M.R.S. §2-102(1)(A)).
- Spouse and shared children: The surviving spouse takes the entire intestate estate when all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants (18-C M.R.S. §2-102(1)(B)).
- Spouse and a child from another relationship: If the surviving spouse has descendants who are not the decedent's, the spouse takes the first $100,000 plus 1/2 of the balance (§2-102(3)). If one or more of the decedent's descendants are NOT descendants of the surviving spouse, the spouse takes only 1/2 of the estate (§2-102(4)).
- Children, no spouse: If no spouse, the entire estate passes to the decedent's descendants by representation (per capita at each generation) (18-C M.R.S. §2-103(1)).
- No spouse or children: To the decedent's parents equally (or surviving parent); then to descendants of the parents (siblings/their issue) by representation; then split between paternal and maternal grandparents or their descendants (18-C M.R.S. §2-103).
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: 18-C M.R.S. §§ 2-102, 2-103.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Maine?
Yes, if you sign it correctly. Maine requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Maine will need to be notarized?
No. Maine does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Maine will need?
2 witnesses. Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. 18-C M.R.S. §2-502(1). An interested witness does not invalidate the will or forfeit the gift (18-C M.R.S. §2-505). They should be adults who do not inherit under the will.
Can I leave my spouse out of my Maine will?
Cannot fully disinherit a spouse. Maine adopted the 2008 UPC redesign: the surviving spouse may elect a share equal to 50% of the MARITAL-PROPERTY PORTION of the augmented estate (the augmented estate includes probate + non-probate transfers; the marital-property portion is a sliding percentage based on length of marriage, approaching 100% at 15 years). Homestead allowance, exempt property, and family allowance are IN ADDITION to (not charged against) the elective share. Maine repealed dower/curtesy.
What happens if I die without a will in Maine?
Maine adopted the Uniform Probate Code (Title 18-C). A surviving spouse takes everything if the couple had only children together or the decedent left no descendants or parents. The spouse's share shrinks to a first-dollar amount plus a fraction when a parent survives, or when either spouse has children from another relationship.
Does a Maine will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Maine?
Generally 18. An individual of sound mind who is 18 or more years of age, OR a legally emancipated minor, may make a will. 18-C M.R.S. §2-501. You must also be of sound mind.
Can I write my will by hand in Maine?
Maine recognizes handwritten (holographic) wills, but they are easy to get wrong and easy to challenge. A typed, witnessed will is much safer.
Do I need a lawyer to make a will in Maine?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Maine requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Maine estate-planning attorney. RecordingLaw.com is not a law firm.
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